pernicious. good word in writing to the factor. i am bill o'reilly. remember that the spin stops right here. we are definitely looking out for you. ♪ ♪ ♪ >> sean: welcome to hannity. this is fox news alert. we are following two breaking news stories. first there is breaking details about the justice department's targeting fox news's chief correspondent james rosen. we have obtained documents from the district court involving him hours ago. with more than 30 different phone records the ex changes matched locations of our white house, pentagon and operation and state department and even fox management. we'll have a lot more on the developing story. rudy guliani and ann coulter will weigh in and there are 24 people that have been killed

nine of them children after yesterday's tornado ripped through oklahoma. earlier today the state's governor that rescue crews are having a hard time navigating various neighborhoods because of all the destruction. to the latest we go to alicia standing by the scene tonight. >> that death toll number has been revised since last night's figure which is something we had expected. originally they told everyone to prepare themselves for the number of children that were killed in the plaza towers elementary school to go up. however, there has been solace in hearing that number has been adjusted down. nine children, seven in the elementary school. the hospitals i can tell you is busy treating more than 200 people. a lot of them are kids. the cleanup and digout continues and it's such a big task and also dangerous. national guard members are trying to keep the area secure

and keep email out. that is not easy. and with interstate 35 on open, but exits into the area are closed. some people are saying this red cross shelter, either coming here to rest or coming here to pick up supplies and get information trying to find out about people that are missing. i can tell you that the folks here are telling me they have plenty of diapers and wipes and formulas. they have parents helping out and they are in need of batteries. they need "c" and "d" batteries and this is the moore community center where a lot of people are coming to either get food, drinks or at least some rest and some information. >> sean: thank you so much. joining us now on the phone. oklahoma city police department. master sergeant gary knight is with us. i know the area of moore very well. i've often traveled between norman and oklahoma city. let's talk about the degree of

devastation, where you are right now with the search and rescue mission? >> as far as oklahoma city goes, it's changed from a rescue to a recovery type of situation for us. we have total of four people killed. remainder would have been killed in moore. moore 1 rescue mode, but in oklahoma city we're trying to get the streets back open. people are going to have to be patient because there are levels of destruction and devastation. neighborhoods were just wiped completely clean and we're trying our best to get the roads open as soon as possible. >> sean: is there no longer a search for potential survivors? >> in oklahoma city, again, we believe we have everybody accounted for in our city, but moore took the brunt of the tornado. they have more devastation than oklahoma city. rescue effort is still going on there.

oklahoma still we've moved to recovery mode. >> sean: this is tornado alley and other states, arkansas, texas, missouri, tell us about the warning systems that you have in place and how well do you feel or assess that it worked in this instance? >> we had several days notice. the people that did the weather, local television stations or national weather service do an excellent job of predicting these things, we knew several days out there was high level of probability for a tornadic outbreak. that did come to fruition. we saw many tornadoes. we had not a lot of warning time once the tornado was on the ground, just a matter of minutes before it struck southwest oklahoma city and the city of moore. here in this part of the country again you mentioned this tornado alley, people here to be weather aware. they deal with tornadoes on a regular basis much like people on the west coast that may be

more aware of earthquakes than other parts of the country. >> sean: i know a lot of people have been writing, tweeting, how best to be able to help. >> really the best way to help is to go through services like the red cross, the united way. red cross i know has a donation program set up for people can text to the red cross and make a donation through their cellphone. that really is the best way the public can help zbloors. >> sean: our prayers are with you tonight. joining us now moore state representative, mark mcbride. our thoughts and prayers, sir, from us. obviously you are going to get a lot of help and rainy day fund but a lot of people are going to be housing food, water, shelter everything that one could imagine? >> yeah, it's one of those things you have to take it one

day at a time. every day is going to present a new challenge. i was up in my helicopter, they took me up an hour or two ago and i had a look at damage. it's very devastating. my heart goes out to these people. my family moved to moore like in the mid 1940s so you can imagine family and friends we have in the community. the people that we know. my own parents, they had their house, it was destroyed. i haven't been able to talk to my parents too much. i've been really busy here with my family, 40,000 people or 37,000 i represent here. she rode it out underneath the stairway in their home. it's been quite experience. >> sean: sorry to hear about your parents' home.

everything they have are in these homes. then a lot of them are thankful i came you on out with my life because this is so dangerous. do you think looking into the future, knowing how devastating this all could be, would it be in everybody's best interests if they had shelter that is under ground that is separate and apart from their house. i know a lot of people do have it. >> i've lived here all my life. i don't have a storm shelter. i guess i think i'm going to dodge the bullet. it came within a quarter of my home. i think i'll own one now. i don't know why we don't. people choose not to own a storm shelter. it rapid these houses off the slab. that more people than 24 weren't killed or injured, i guess it was 200 or something injured. that is small number compared to what i flew over.

>> sean: mark, thanks for being with us. our thoughts and prayers is with all the community. coming up next, we have a busy news nights on hannity. rudy guliani joins us live. there is big huge breaking news about the justice department targeting fox news channel chief washington correspondent james rosen. fox news has obtained the court documents and the information is downright disturbing. breaking news on a top irs official has made the decision she will invoke the fifth amendment, refuse to answer questions at a house oversight hearing tomorrow. this comes as lawmakers probe the out going and former heads of tax agency. we'll check in with bob portman and ann coulter is in the studio tonight and much more as we continue. constipation, miralax or metamucil may take days to work. or faster relief, try dulcolax laxative tablets.

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>>. >> sean: this is a fox news alerted. we have been reporting that obama justice department has targeted fox news chief james rosen and tonight fox news has obtained the documents from the u.s. district court which contain very shocking information. for the very latest. we go live to shannon bream. standing by live tonight which is huge development. >> reporter: personal emails and phone records they go far beyond james rosen's information. in a court filing dated october

13, 2011, government details numerous pieces of evidence it has collected including scores of phone records that have area codes and exchanges that match up to many fox news hard lines and cellphones. redacted version of that document we can't see the final four numbers on each of phone numbers but the area code and exchanges match up to fox employee and office phones including the phone lines that run to our work space at the white house, at the pentagon and at the state department. the records also appear to show the justice department gathered phone records rank today fox news executives. we have reached out to the justice department and white house for commented. white house press secretary tells our colleague, quote, can't comment on an ongoing criminal investigation. these new revelations come on the heel that has an f.b.i. signed an affidavit accusing rosen of committing a crime by alleging getting information from a state department employee

and gave access to personal email accounts. >> sean: thank you very much. joining me reaction with the breaking news story. former mayor rudy guliani you are a former prosecutor. >> 15 years, u.s. attorney, associate attorney general and assistant u.s. attorney. >> sean: they are claiming they got a case of espionage. so they want to find out where the leak came from. so, they seize not only james' emails and go through phone records and target him as an aider and abettor and co-conspirer. >> sean, that is almost impossible to have happened. i can't imagine how you would name a reporter as a co-conspirator when all the reporter was doing was their job. the obligation is the government employee. they take the oath of office.

they have the obligation not to leak sensitive or classified information. a reporter is supposed to ask questions. it's the government official that knows the obligation that they have. i can't imagine in all of this, i never heard of a reporter being named as an co-conspirator. i think mr. rosen consider a libel suit against the justice department. i think they defamed him unfairly totally outrageous behavior but we're getting use to two or three a day. i look at the justice department and i feel like the wheels are coming off the justice department. >> sean: it sounds to me they decided to have carte blanche to spy? >> they sure did. there is no question that they did. there are so many surgical ways you could do this. this is an attempt to pry into the records and fox's records.

it's no different in the irs going after the conservative groups. he knows, they knew what bidding they were doing going after fox. >> sean: what about fox's hard lines, not having anything to do with james rosen at pentagon, at the state department, the white house work space and fox executives as if somehow -- -- >> i don't know if there is an enemies' list, including the tea party and patriot groups and fox news. to be named as co-conspirator, i think it's illegal. >> sean: this is the reason we need a free press. isn't it to keep government in power in check? >> absolutely. there are lines here that are clear. the press has every right to probe, to push and ask questions. it's the government official that has the obligation. i don't know if this government official violated his obligation

or not. a reporter asking for information certainly shouldn't be named as unindicted co-conspirator. >> sean: do you think its pattern, they have an ongoing war with fox news channel. >> how can you miss the fact there is a pattern here. we also have the irs going after right wing groups. it seems to me that the people of this administration got the signal from the top, go after these people. it's like murder in the cathedral when henry ii said rid me this of priest and killed beckett. >> sean: what do you make of it? >> i think we can say criminal matter. she is taking the fifth amendment. she is saying the answer may incriminate her. so the reality is, that can't be used against her in court of law, but we have a right to draw the inference there is some criminality involved here. >> sean: we heard -- there have

been five separate stories, jay carney giving many of them that they knew nothing about it. they found this out in the press. then we find out the president's attorney knew, the president's chief of staff knew about it. but supposedly they didn't tell the president. >> we should regard any statement by carney as the first attempt. let's wait until tomorrow and day after and we'll find out the truth. i don't know how long he is going to last. the president has to have a press secretary that people trust. i don't know how many times he can be wrong, hide the truth. maybe he is shut out from the information. >> sean: for his own credibility he would want the information. when you put together with the shift in benghazi and shifting story who knew what, when, it's changed five times. what emerging when you come bear benghazi, nobody knew.

a number of people knew? >> before you jump to any further conclusions, have an extremely incompetent administration. they can't get their story straight. when they have days of warning they can't get their stories straight. president finds out about the irs investigation by reading the newspapers? what does he have a staff for? what about the people working, get rid of them, just read the newspapers. >> sean: lerner is going to plead the fifth. the story that this story came out spontaneously. [ laughter ] >> sean:. >> i don't know what the criminality is, but when you invoke the fifth amendment, you have to feel that you are going to be incriminated. they were saying there is a criminality, somebody should be prosecuted. it turns out they are right. she won't be invoking the fifth amendment. >> sean: one common thread,

abuse of power. one other thing, this is not political for me. as a conservative, i want my government to be truthful. i think the families in benghazi need to the truth. i think conservative tea party groups deserve the truth. i think we need the truth about why james rosen was targeted. >> i think the only thing that will save this, president has to explain all this. it has to come from the president. exactly what did he know about benghazi, where was he? why weren't forces sent there as they should have been? why wasn't security supplied in advance? why did the irs do this? why did this information never seem to get to him? we need explanation so we can trust him. even if we disagree with him ideologically. now it's gotten to the point i can't imagine can trust anything they say, because next day it turns out to be false. he has to straightened it out. >> sean: still ahead, ann

coulter's reaction to the justice department targeting reporters at fox news channel. coming up next.... >> that is lie by omission. there is is no question about that in my mind. >> i did not lie. >> you what? >> i did not lie, sir. >> you knew what was going on. >> sean: responsive hearings, outgoing commissioner is accused of lying to a u.s. senator. we have more from bob portman and john thune. they were in attendance, next. all stations come over to mission a for a final go.

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>>. >> sean: tonight breaking news to the irs enemies list scandal.

head of the tax agency's exempt division will invoke the fifth amendment. lois lerner is scheduled to testify tomorrow but instead she will refuse to answer about the irs efforts to target conservatives. this is major development considering the treasury's department i.g. report that lerner found out about the witch hunts way back in june 2011. rather than alert members of congress, she kept it to herself. meanwhile, the former commissioner he appeared on capitol hill this morning and he was asked for first time about his role in the scandal. although he was in charge of the tax agency when all these politically witch hunts were taken place, he had very few answers for members of the senate finance committee and needless to say the q&a session got heated at times. let's take a look. >> i was dismayed, i was

saddened to read the inspector general's conclusion. how did this happen? >> mr. chairman, i can't say i know that answer. i'm six months -- >> you got sense. you've been a commissioner for number of years. >> i'm six months out of office. i don't think i can answer that question. >> you've had time to think about this. >> that is lie by omission. there is no question about that in my mind. why did you mislead me and my colleagues, my fellow senators and most importantly the american people by failing to tell us what you knew about the exact subject we were asking about? why didn't you tell us? >> mr. hatch, i did not lie. i did not lie, sir. >> you knew what was going on and you knew what we had asked. >> the first day from the white

house learn about any tea party groups that applied for tax exempt status being to more scrutiny? >> i have no knowledge. >> i am certainly not personally responsible for creating a list. >> it's easy, two words. >> i understand the words. what i'm telling you, this happened on my watch and i accept that. >> but you are not personally responsible? >> i am deeply regretful it happened. >> okay, never mind. >> sean: today's hearing another glaring example of the administration's culture of cooperation where nobody seems to take responsible and nobody is held accountable for these, quote, mistakes and a joining us that were on hand, rob port man and south dakota senator john

thune. senator portman, give us your take away from today. >> two things. one, clearly we need more information because the i.g. told us this was an audit and not an investigation. he didn't ask the tough questions. he didn't subpoena folks. he didn't ask the treasury department or white house when they knew it. we have to do more. that is why the investigation needs to proceed. if a bipartisan investigation it's appropriate we dig into this. this is classic example and think benghazi is, too, of unfortunately a troubling pattern in this administration to put politics ahead of public interest. we learned today, not only was this outrageous conduct of targeting american citizens, something we are learning much more about, but also that they knew about this and yet didn't tell members of congress who had specifically raised questions about it. i personally had sent a letter with senator hatch, march 14th.

they knew about this. this is 2012. yet a week after the response, they get a full briefing they don't bother to tell us. this is why you heard from senator hatch, he said look, this is not telling the truth. he said it was lie by omission, they knew what was going on yet they didn't tell members of congress. this means that the american people didn't hear about it. it means that it was not checked like it could have been. >> sean: shocking development. senator thune, the treasury i.g. says the top official knew about this enemies' list as early as june 2011. >> from may 2010 through may of 2012 a team of specialists referred to as the determination unit selected 298 cases for additional scrutiny. we found that the first time executives from washington, d.c. became aware of the use of these criteria was june 2011.

>> sean: found that executives in d.c. were aware of it. two developments today, senator thune, we learned that jay carney said nobody knew earlier. in fact the president's lawyer, the president's chief of staff knew earlier than what jay carney was telling us. you can put that together and piece that together for us, please? >> one thing, lois lerner is taking the fifth which would suggestion an admission of guilt right there. as senator portman pointed out we got nor non-answers than answers. steve miller and paul shulman who testified in front of the house committee in march of 2012 there wasn't any targeting. and found out subsequently there was and for months said nothing about it. despite repeated requests for information that came from the committee. if you look the way it was played out there were a lot of

people who knew what was going on. i asked if there were conversations about the treasury department and treasury-secretary knew this of june 2012. you have to wonder about how the political schedule impacted this coming out. white house did know april 24th, at least that is what we're told the general counsel was informed about this and conveyed to the chief of staff. this wasn't announced until may 10 tha at aba con convention by lois lerner. that is why i think we need to have more hearings and more opportunities to get the facts out in front of the american people. >> sean: let me go back to stable condition, and dan pfeiffer was on all these programs. he said the law is irrelevant. >> let me ask all of you because there was statement made over the weekend by somebody from the white house the law would be irrelevant.

do you believe that the law is irrelevant or is relevant to this? >> i believe the law is also relevant, sir. >> there was a statement made over the weekend whether the laws were broken. i'm just asking that the laws are relevant in this case? >> i guess i would agree with the inspector general people should not break the law. >> sean: i was shocked by your exchange there. >> he did. that was precisely the point i was getting at. if there were laws broken and inspector general did say that if they took confidential information and gave it to someone else, in this case pro bublica that would be a violation of law. is that relevant? i think the american people believe it's relevant. it was hard to get the deputy commissioner and the former commissioner to acknowledge that the law was relevant.

inspector general didn't seem to have a problem with that. >> i was on that sunday show. i followed pfeiffer, i was surprised, as well. but giving him the benefit of the doubt. i think what he meant to say whether it's illegal or not, giving the benefit on, that what he said to me was more outrageous this is about republicans going after a political issue when they should be talking about policy, trying to distrack the country. this is real issue and this is about american citizens that were mistreated. all of us wanted to see tax reform. we're the ones pushing to get the budget under control. we have a policy agenda and president is not working with us on. the notion this is political witch hunt by republicans is just false. what we're trying to do is stand up the american people and constituents. >> sean: the issue is not disputed. they admitted to the idea they have targeted tea party groups.

it's the question of who knew, how did it get set up so it doesn't happen to liberals or conservatives. first it was tea party and reporters of the a.p. and now targeted go a number of journalists and producers right here at the fox news channel. hours ago we obtained court documents. when we return, ever so lively ann coulter. then later tonight. >> i never lost consciousness. they didn't answer. so he is in there somewhere. >> sean: i am picking the video of the day. making that comment the tornado survivor was reunited with her beloved dog and most heartwarming of the video today. we will play tonight on hannity.

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>>. fox news alert. new developments tonight regarding the obama justice department's to targeted chief correspondent james rosen. earlier tonight fox obtained court documents that show the u.s. district course seized phone records including the lines at work space, pentagon, state department. records also appear to show that the justice department gathered phone records linked to fox news executives. here is reaction to this disturbing news is columnist, author ann coulter. what is your visceral reaction to this? mine is like wow! this is big brother? >> yes, and especially in the middle of all of these other things and the targeting of the tea party groups and the lying about benghazi. i mean the whole mix of it. my first reaction is to reflect that under the bush

administration when many of the news outlets that are not reporting the james rosen reading about it on fox news. >> valerie plane? >> no, they are revealing national security that would harm all americans including "new york times," by the way. they revealed the u.s. was following tracing phone calls that were found on terrorist computers. that broke and got the first terrorist computers, get their cellphones. they started trying to follow who is calling these phone numbers. that was revealed by the "new york times," then they revealed a top secret to track al-qaeda's financing where the money was going. they were specifically asked not only by bush and cheney but by democratic congressmen, we are going to put america at risk. and dana at washington post yielded the rendition program

and secret camps c.i.a. prisons being in eastern europe. destroying our relationship with our important allies. you guys can't keep a secret. "washington post" put in to the front page. and then, dana priest won the prize for putting mechanic at rick. what is the national security here? two weeks the obama administration was tapping a.p. phones, at first i was totally on eric holder's side which is to say, look it's national security, if this going to get put any americans in danger, harm or national security interests, fine. then look at the phone numbers being called by a.p., and then it turns out they are tapping them because they want to be scooped. it has nothing to do with national security. anything in the remove sen case that has to do with national

security --. >> sean: remember david sanger reflects well on the obama administration when they had drone strikes and seal team 6 killed osama bin laden. bob gates, shut the blank up. >> right. obama himself will reveal actually national security information that will harm the united states if it reflects on him. burr here in this case, the big story that they are claiming was national security leak is north korea was going to start testing nukes again in response to u.n. sanctions, this is not like we're dealing with a tracking program. >> sean: this is deeper. i wanted your thoughts. >> bush administration didn't talk to either the newspapers or media in those cases. >> sean: this is how far they went. 80 abetting co-conspirator in an es knee entangling case and they are tapping our bureau, our

pentagon, our state department and our executives? >> it does sound very disturbing mayor rudy guliani covered some of this journalists have extra privileges. but beyond that you can't do this to any american unless it will harm national security. that is what the felony is. where the felony here? why was no indictment ever brought? and this is news organization and the you have this and targeting the tea party groups and patriot groups and lying to the parents of the people that who died in benghazi. are they going to blame all of this on the cincinnati office and low level worker? >> sean: i don't mean to laugh. that was good line. we need to take a break. much more with ann coulter. don't forget. we wanted to hear from you.

log on to our special come pan yon site. follow the live show and share your thoughts and you can even talk to anne. you can do it twitter at sean hannity. i decided your humble host the most heartwarming video of the day and that is coming up. >> lying there in the rubble, i never lost consciousness i hollered for my little dog and he didn't answer. so i know he is in there somewhere. >> sean: you have to see this an elderly tornado survivor with a dog she thought she lost. it happened live on national television. that will be a video of the day. you don't want to miss this. that is straight ahead.

welcome back to hannity. we continue with ann coulter. fifth amendment. how do you read that as a lawyer? >> as giuliani was saying, i watched it before coming on. you can only plead the fifth if you could be incriminated in a crime, not because you don't feel like answering. that tells us something. republicans in light of the tornado, the media was looking for any excuse not to cover this. you have the tornado, i think republicans should say, look, this is important news. because of the news value of the tornado, we're going to put our hearings off for a week or two. i mean, monday, before the tornado it hit, "the new york times" didn't manage to mention anything about the irs scandal on its front page and every time it does mention it, it's look at what republicans are doing with this issue. i mean, this is a very important issue and you know, back to blaming it all on the cincinnati office. their claim is from "the new york times," it was a strange front page article the times had on sunday by a reporter who is

otherwise pretty good. he apparently hasn't been following the news on the story he was reporting. even the news in his own newspaper. because he keeps pushing the angle of oh, there was just chaos and confusion. they were overworked. the overworked excuse ought to explain why they were rubber stamping everything. not why they're going into overdrive and doing more work and harassing tea party and what their tweets are and every member of their family and resumes. they're saying we worked hard to harass partiers because we were overworked. then you look at true the vote, one of the groups who applied for 501 c 3 and 4 status. statement they're audited by the overworked cincinnati office, they're being investigated by the fbi, by the atf, because they were at a manufacturing plant with a license to make guns and they weren't making

guns. >> epa. >> osha. there was one person the boss of all the organizations and congress better find out they need to prosecute the low-level individuals in order to get them to get where it came from. >> jay carney denied anybody in the white house knew. he's given five different stories about this. but now we found out that the president's lawyer. >> right. >> white house counsel and the chief of staff. >> right. >> did in fact know, which carney originally denied anybody knowing. >> right. how many people directly associated with obama have to know for us to assume that looks like obama knew. but the way you find out is by, look, if people broke the law by prosecuting them and unless you get the cincinnati office to take the fall for benghazi, irs, atf and now the investigation of fox news, i think you're going to work your way up the chain. but the republicans ought to put it off until next week because they weren't covering it already. they're definitely not covering it a few days after a massive

horrible tornado. >> an atms fault, rush limbaugh's fault, fox's fault, my fault, your fault, levine's fault. >> why can't they pick it up next week? >> they will, i have no doubt. this is dicey for them. i only have ten seconds. >> it's a disaster. all i have to say is, i wish they would start tapping my phone. i think they would find it he had fieing. >> they might learn something. >> i don't want my phone tapped. >> they might catch us cursing occasionally. coming up next, you don't want to miss this video. it will tug at your heartstrings. we'll show you the incredible moment when a tornado survivor was reunited with her beloved dog. that's coming up next. ♪ [ male announcer ] a car that can actually see like a human

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it is without question the most heartwarming video of the day. it happened yesterday when tornado survivor barbara garcia was talking to a reporter about what happened when the storm hit her home. all of a sudden, the conversation, well, was interrupted when her little dog's head peeked through out of the rubble. >> i was holding my dog, sitting on the stool holding my dog. this was a game plan all through the years. you know, to go in that little bathroom. i felt the stool come up out of the floor. and i rolled around a little bit. and when it stopped, i was right there that presto cooker is what i saw. >> you were lying there in the rubble. >> and i never lost consciousness. and i hollered for my little dog and he didn't answer. didn't come. so i know he's in here somewhere. this is life in the big city.

>> the dog, the dog. >> the dog. >> hi puppy. >> the dog. >> oh, oh, baby. bless your little bitty heart. help me. >> oh, oh, oh, come on. >> can you get him? >> oh, oh, well, i think god answered one prayer for me to be okay. he answered both of them because this was my second prayer. >> by all accounts the dog and ms. garcia are both okay. with all the bad news coming out of this terrible storm, it is really nice to see an uplifting moment like that. we wish them well. that is